Culture and Recreation Bill [H.L.] - continued        House of Lords

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SCHEDULE 2
 
  CULTURE ONLINE
 
Membership
     1. - (1) Culture Online shall consist of not less than nine and not more than sixteen members all of whom shall be appointed by the Secretary of State.
 
      (2) The Secretary of State shall appoint one of the members as chairman.
 
      (3) The Secretary of State may by order amend this paragraph so as to-
 
 
    (a) vary the upper or lower limit on the number of members of Culture Online which is specified, for the time being, in sub-paragraph (1);
 
    (b) vary the provision made in that sub-paragraph, or make further provision, with respect to the appointment of members of Culture Online.
      (4) An order under sub-paragraph (3)(b) may confer on Culture Online the function of appointing one or more members.
 
      (5) Before making an order under sub-paragraph (3), the Secretary of State must consult Culture Online.
 
 
Terms of office
     2. - (1) Subject to the following provisions of this Schedule, a person shall hold and vacate office as the chairman, or a member, of Culture Online in accordance with the terms of his appointment.
 
      (2) A person shall not be appointed to hold office as a member for a term of more than five years.
 
 
Termination of appointment
     3. - (1) A chairman or member of Culture Online may at any time resign his office by notice in writing addressed to the Secretary of State.
 
      (2) A member of Culture Online may be removed from office by the Secretary of State on the grounds that-
 
 
    (a) he has been absent for a period longer than three consecutive months from the meetings of Culture Online, without its consent,
 
    (b) he has become bankrupt, has had his estate sequestrated or has made a composition or arrangement with, or granted a trust deed for, his creditors, or
 
    (c) he is, in the opinion of the Secretary of State, otherwise unable or unfit to discharge the functions of his office.
      (3) If a chairman of Culture Online ceases to be a member of Culture Online he shall also cease to be chairman.
 
 
Reappointment
     4. A person who ceases to be a member or chairman of Culture Online is eligible for reappointment, unless he has been removed from office under paragraph 3(2).
 
 
Status
     5. - (1) Culture Online shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
 
      (2) Neither the members nor the staff of Culture Online shall be regarded as civil servants.
 
      (3) The property of Culture Online shall not be regarded as property of, or held on behalf of, the Crown.
 
 
Proceedings
     6. - (1) Culture Online may regulate its own procedure (including quorum).
 
      (2) The validity of any proceedings of Culture Online shall not be affected by-
 
 
    (a) any vacancy among the members of Culture Online, or
 
    (b) any defect in the appointment of any person as the chairman or a member.
 
Delegation of powers
     7. Culture Online may authorise-
 
 
    (a) the chairman or any other member,
 
    (b) any committee established by Culture Online (including a committee including persons who are not members of Culture Online), or
 
    (c) any member of its staff,
       to exercise such of its functions as it may determine.
 
 
Application of seal and evidence
     8. - (1) The fixing of the seal of Culture Online shall be authenticated by the signature of-
 
 
    (a) the chairman, or
 
    (b) some other person authorised (either generally or specially) by Culture Online to act for that purpose.
      (2) A document purporting to be duly executed under the seal of Culture Online, or purporting to be signed on behalf of Culture Online,-
 
 
    (a) shall be received in evidence, and
 
    (b) unless the contrary is proved, shall be deemed to be so executed or signed.
 
Remuneration, allowances and pensions
     9. - (1) Culture Online may pay the chairman and the other members such remuneration as the Secretary of State may determine.
 
      (2) Culture Online may pay the chairman, the other members and any member of a committee such allowances in respect of expenses or loss of remuneration as the Secretary of State may determine.
 
      (3) Culture Online may pay, or make payments towards the provision of, such pensions, allowances or gratuities to or in respect of the chairman or any other member as the Secretary of State may determine.
 
 
Compensation upon loss of office
     10. If the Secretary of State determines that there are special circumstances which make it right that a person who has ceased to be the chairman or a member should receive compensation, the Secretary of State may, under section 27, direct Culture Online to pay that person an amount of compensation determined by the Secretary of State.
 
 
Staff
     11. Subject to any directions under section 27, Culture Online may employ such staff as it thinks fit, on such terms and conditions of service as it thinks fit.
 
 
Reports
     12. - (1) As soon as practicable after the end of each financial year, Culture Online must make a report to the Secretary of State on the exercise of its functions during that year.
 
      (2) The Secretary of State must lay a copy of each report before each House of Parliament.
 
      (3) In this paragraph "financial year" means-
 
 
    (a) the period beginning with the date Culture Online is established and ending with the next 31st March, and
 
    (b) each successive period of 12 months ending with 31st March.
 
Accounts
     13. - (1) Culture Online must keep proper accounts, and proper records in relation to the accounts.
 
      (2) Culture Online must prepare a statement of accounts in relation to each financial year.
 
      (3) The directions that may be given under section 27 include directions about-
 
 
    (a) the information to be included in a statement of accounts,
 
    (b) the manner in which a statement is to be presented, or
 
    (c) the methods or principles according to which a statement is to be prepared.
      (4) Culture Online must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General; and must do so within such period following the end of the financial year to which the statement relates as the Secretary of State may direct.
 
      (5) The Comptroller and Auditor General must examine, certify and report on the statement and lay copies of the statement and of his report before each House of Parliament.
 
      (6) In this paragraph "financial year" has the meaning given in paragraph 12(3).
 
 
Public records
     14. In Schedule 1 to the Public Records Act 1958 (definition of public records), insert the following entry at the appropriate place in Part II of the Table at the end of paragraph 3-
 
 
    Culture Online.
 
Parliamentary Commissioner
     15. In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), insert the following entry at the appropriate place-
 
 
    Culture Online.
 
Parliamentary disqualification
     16. - (1) In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), insert the following entry at the appropriate place-
 
 
    Culture Online.
      (2) In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 insert at the appropriate place the same entry as is set out in sub-paragraph (1).
 
 
Freedom of information
     17. In Schedule 1 to the Freedom of Information Act 2000 (which lists bodies etc. which are "public authorities" for the purposes of that Act), in Part VI, insert the following entry at the appropriate place-
 
  Culture Online.
 
 
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Prepared 15 December 2000